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Real Estate Training Article
  By Real Estate Trainer
    Randy Roussie

Glossary Of Real Estate Terms For Agents / Realtors!

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Glossary Of Real Estate Terms  

Real Estate Glossary - G to O!

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A to F, G to O, P to Z.

GABLE ROOF — A pitched roof with sloping sides.

GAIN — A profit, benefit, or value increase.

GAMBREL ROOF — A curb roof, having a steep lower slope with a flatter upper slope above.

GENERAL LIEN — A lien on all the property of a debtor.

GIFT DEED — A deed for which there is no consideration.

GOODWILL — An intangible but salable asset of a business derived from the expectation of continued public patronage.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION — An agency of HUD, which functions in the secondary mortgage market, primarily in social housing programs. Commonly called by the acronymic nickname “Ginnie Mae” (GNMA).

GOVERNMENT SURVEY — A method of specifying the location of parcel of land using prime meridians, base lines, standard parallels, guide meridians, townships and sections.

GRADE — Ground level at the foundation.

GRADUATED LEASE — Lease which provides for a varying rental rate, often based upon future determination; sometimes rent is based upon result of periodical appraisals; used largely in long-term leases.

GRADUATED PAYMENT MORTGAGE — Providing for partially deferred payments of principal at start of loan. (There are a variety of plans.) Usually after the first five years of the loan term the principal and interest payment are substantially higher, to make up principal portion of payments lost at the beginning of the loan. (See Variable Interest Rate.)

GRANT — A technical legal term in a deed of conveyance bestowing an interest in real property on another. The words “convey” and “transfer” have the same effect.

GRANT DEED — A limited warranty deed using the word “grant” or like words that assures a grantee that the grantor has not already conveyed the land to another and that the estate is free from encumbrances placed by the grantor.

GRANTEE — A person to whom a grant is made.

GRANTOR — A person who transfers his or her interest in property to another by grant.

GRATUITOUS AGENT — A person not paid by the principal for services on behalf of the principal, who cannot be forced to act as an agent, but who becomes bound to act in good faith and obey a principal’s instructions once he or she undertakes to act as an agent.

GRID — A chart used in rating the borrower risk, property and the neighborhood.

GROSS INCOME — Total income from property before any expenses are deducted.

GROSS MARGIN — With regard to an adjustable rate mortgage, an amount expressed as percentage points, stated in the note which is added to the current index value on the rate adjustment date to establish the new note rate.

GROSS NATIONAL PRODUCT (GNP) — The total value of all goods and services produced in an economy during a given period of time.

GROSS RATE — A method of collecting interest by adding total interest to the principal of the loan at the outset of the term.

GROSS RENT MULTIPLIER — A number which, times the gross income of a property, produces an estimate of value of the property. Example — The gross income from an unfurnished apartment building is $200,000 per annum. If an appraiser uses a gross multiplier of 7%, then it is said that based on the gross multiplier the value of the building is $1,400,000.

GROUND LEASE — An agreement for the use of the land only, sometimes secured by improvements placed on the land by the user.

GROUND RENT — Earnings of improved property credited to earnings of the ground itself after allowance is made for earnings of improvements; often termed economic rent.

HABENDUM CLAUSE — The “to have and to hold” clause which may be found in a deed.

HEIR — One who inherits property at the death of the owner of the land, if the owner has died without a will.

HIGHEST AND BEST USE — An appraisal phrase meaning that use which at the time of an appraisal is most likely to produce the greatest net return to the land and/or buildings over a given period of time; that use which will produce the greatest amount of amenities or profit. This is the starting point for appraisal.

HIP ROOF — A pitched roof with sloping sides and ends.

HOLDER IN DUE COURSE — One who has taken a note, check or bill of exchange in due course: 1. before it was overdue; 2. in good faith and for value; and 3. without knowledge that it has been previously dishonored and without notice of any defect at the time it was negotiated to him or her.

HOLDOVER TENANT — Tenant who remains in possession of leased property after the expiration of the lease term.

HOMESTEAD — (exemption) — A statutory protection of real property used as a home from the claims of certain creditors and judgments up to a specified amount.

HOUSING FINANCIAL DISCRIMINATION ACT OF 1977 (Holden Act) — California Health and Safety Code Section 35800, et seq., designed primarily to eliminate discrimination in lending practices based upon the character of the neighborhood in which real property is located. (See Redlining.)

HUD — The Department of Housing and Urban Development which is responsible for the implementation and administration of U.S. government housing and urban development programs.

HUNDRED PERCENT LOCATION — A city retail business location which is considered the best available for attracting business.

HYPOTHECATE — To pledge a thing as security without the necessity of giving up possession of it.

IMPERATIVE NECESSITY — Circumstances under which an agent has expanded authority in an emergency, including the power to disobey instructions where it is clearly in the interests of the principal and where there is no time to obtain instructions from the principal.

IMPOUNDS — A trust type account established by lenders for the accumulation of borrowers funds to meet periodic payment of taxes, FHA mortgage insurance premiums, and/or future insurance policy premiums, required to protect their security. Impounds are usually collected with the note payment. The combined principal, interest, taxes and insurance payment is commonly termed a PITI payment.

INCOME (CAPITALIZATION) APPROACH — One of the three methods of the appraisal process generally applied to income producing property, and involves a three-step process— (1) find net annual income, (2) set an appropriate capitalization rate or “present worth” factor, and (3) capitalize the income dividing the net income by the capitalization rate.

INCOMPETENT — One who is mentally incompetent, incapable; any person who, though not insane, is, by reason of old age, disease, weakness of mind, or any other cause, unable, unassisted, to properly manage and take care of self or property and by reason thereof would be likely to be deceived or imposed upon by artful or designing persons.

INCORPOREAL RIGHTS — Nonpossessory rights in real estate, a rising out of ownership, such as rents.

INCREMENT — An increase. Most frequently used to refer to the increase of value of land that accompanies population growth and increasing wealth in the community. The term “unearned increment” is used in this connection since values are supposed to have increased without effort on the part of the owner.

INDEMNITY AGREEMENT — An agreement by the maker of the document to repay the addressee of the agreement up to the limit stated for any loss due to the contingency stated on the agreement.

INDENTURE — A formal written instrument made between two or more persons in different interests, such as a lease.

INDEPENDENT CONTRACTOR — A person who acts for another but who sells final results and whose methods of achieving those results are not subject to the control of another.

INDORSEMENT — The act of signing one’s name on the back of a check or note, with or without further qualification.

INITIAL NOTE RATE — With regard to an adjustable rate mortgage, the note rate upon origination. This rate may differ from the fully indexed note rate.

INITIAL RATE DISCOUNT — As applies to an adjustable rate mortgage, the index value at the time of loan application plus the margin less the initial note rate.

INJUNCTION — A writ or order issued under the seal of a court to restrain one or more parties to a suit or proceeding from doing an act which is deemed to be inequitable or unjust in regard to the rights of some other party or parties in the suit or proceeding.

INSTALLMENT NOTE — A note which provides for a series of periodic payments of principal and interest, until amount borrowed is paid in full. This periodic reduction of principal amortizes the loan.

INSTALLMENT REPORTING — A method of reporting capital gains by installments for successive tax years to minimize the impact of the totality of the capital gains tax in the year of the sale.

INSTALLMENT SALES CONTRACT — Commonly called contract of sale or “land contract.” Purchase of real estate wherein the purchase price is paid in installments over a long period of time, title is retained by seller, and upon default by buyer (vendee) the payments may be forfeited.

INSTITUTIONAL LENDERS — A financial intermediary or depository, such as a savings and loan association, commercial bank, or life insurance company, which pools money of its depositors and then invests funds in various ways, including trust deed and mortgage loans.

INSTRUMENT — A written legal document; created to effect the rights of the parties, giving formal expression to a legal act or agreement for the purpose of creating, modifying or terminating a right. Real estate lenders’ basic instruments are — promissory notes, deeds of trust, mortgages, installment sales contracts, leases, assignments.

INTEREST — A portion, share or right in something. Partial, not complete ownership. The charge in dollars for the use of money for a period of time. In a sense, the “rent” paid for the use of money.

INTEREST EXTRA LOAN — A loan in which a fixed amount of principal is repaid in installments along with interest accrued each period on the amount of the then outstanding principal only.

INTEREST ONLY LOAN — A straight, non-amortizing loan in which the lender receives only interest during the term of the loan and principal is repaid in a lump sum at maturity.

INTEREST RATE — The percentage of a sum of money charged for its use. Rent or charge paid for use of money, expressed as a percentage per month or year of the sum borrowed.

INTERIM LOAN — A short-term, temporary loan used until permanent financing is available, e.g., a construction loan.

INTERMEDIATION — The process of pooling and supplying funds for investment by financial institutions called intermediaries. The process is dependent on individual savers placing their funds with these institutions and foregoing opportunities to directly invest in the investments selected.

INTERPLEADER — A court proceeding initiated by the stakeholder of property who claims no proprietary interest in it for the purpose of deciding who among claimants is legally entitled to the property.

INTERVAL OWNERSHIP — A form of timeshare ownership. (See Timeshare Ownership.)

INTESTATE — A person who dies having made no will, or one which is defective in form, is said to have died intestate, in which case the estate descends to the heirs at law or next of kin.

INVOLUNTARY LIEN — A lien imposed against property without consent of an owner; example — taxes, special assessments, federal income tax liens, etc.

IRREVOCABLE — Incapable of being recalled or revoked, unchangeable.

IRRIGATION DISTRICTS — Quasi-political districts created under special laws to provide for water services to property owners in the district; an operation governed to a great extent by law.

JOINT NOTE — A note signed by two or more persons who have equal liability for payment.

JOINT TENANCY — Undivided ownership of a property interest by two or more persons each of whom has a right to an equal share in the interest and a right of survivorship, i.e., the right to share equally with other surviving joint tenants in the interest of a deceased joint tenant.

JOINT VENTURE — Two or more individuals or firms joining together on a single project as partners.

JUDGMENT — The final determination of a court of competent jurisdiction of a matter presented to it; money judgments provide for the payment of claims presented to the court, or are awarded as damages, etc.

JUDGMENT LIEN — A legal claim on all of the property of a judgment debtor which enables the judgment creditor to have the property sold for payment of the amount of the judgment.

JUNIOR MORTGAGE — A mortgage recorded subsequently to another mortgage on the same property or made subordinate by agreement to a later­recorded mortgage.

JURISDICTION — The authority by which judicial officers take cognizance of and decide causes; the power to hear and determine a cause; the right and power which a judicial officer has to enter upon the inquiry.

LACHES — Delay or negligence in asserting one’s legal rights.

LAND — The material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or unoccupied space for an indefinite distance upwards as well as downwards.

LAND AND IMPROVEMENT LOAN — A loan obtained by the builder-­developer for the purchase of land and to cover expenses for subdividing.

LAND CONTRACT — A contract used in a sale of real property whereby the seller retains title to the property until all or a prescribed part of the purchase price has been paid. Also commonly called a conditional sales contract, installment sales contract or real property sales contract. (See REAL PROPERTY SALES CONTRACT for statutory definition.)

LANDLORD — One who rents his or her property to another. The lessor under a lease.

LATE CHARGE — A charge assessed by a lender against a borrower failing to make loan installment payments when due.

LATER DATE ORDER — The commitment for an owner’s title insurance policy issued by a title insurance company which covers the seller’s title as of the date of the contract. When the sale closes the purchaser orders the title company to record the deed to purchaser and bring down their examination to cover this later date so as to show purchaser as owner of the property.

LATERAL SUPPORT — The support which the soil of an adjoining owner gives to a neighbor’s land.

LEASE — A contract between owner and tenant, setting forth conditions upon which tenant may occupy and use the property and the term of the occupancy. Sometimes used as an alternative to purchasing property outright, as a method of financing right to occupy and use real property.

LEASEHOLD ESTATE — A tenant’s right to occupy real estate during the term of the lease. This is a personal property interest.

LEGAL DESCRIPTION — A land description recognized by law; a description by which property can be definitely located by reference to government surveys or approved recorded maps.

LESSEE — One who contracts to rent, occupy, and use property under a lease agreement; a tenant.

LESSOR — An owner who enters into a lease agreement with a tenant; a landlord.

LEVEL-PAYMENT MORTGAGE — A loan on real estate that is paid off by making a series of equal (or nearly equal) regular payments. Part of the payment is usually interest on the loan and part of it reduces the amount of the unpaid principal balance of the loan. Also sometimes called an “amortized mortgage” or “installment mortgage.”

LEVERAGE — The use of debt financing of an investment to maximize the return per dollar of equity invested.

LIEN — A form of encumbrance which usually makes specific property security for the payment of a debt or discharge of an obligation. Example — judgments, taxes, mortgages, deeds of trust, etc.

LIFE ESTATE — An estate or interest in real property, which is held for the duration of the life of some certain person. It may be limited by the life of the person holding it or by the life of some other person.

LIFE OF LOAN CAP (CAP RATE) — With regard to an adjustable rate mortgage, a ceiling the note rate cannot exceed over the life of the loan.

LIMITATIONS, STATUTE OF — The commonly used identifying term for various statutes which require that a legal action be commenced within a prescribed time after the accrual of the right to seek legal relief.

LIMITED PARTNERSHIP — A partnership consisting of a general partner or partners and limited partners in which the general partners manage and control the business affairs of the partnership while limited partners are essentially investors taking no part in the management of the partnership and having no liability for the debts of the partnership in excess of their invested capital.

LINTEL — A horizontal board that supports the load over an opening such as a door or window.

LIQUIDATED DAMAGES — A sum agreed upon by the parties to be full damages if a certain event occurs.

LIQUIDATED DAMAGES CLAUSE — A clause in a contract by which the parties by agreement fix the damages in advance for a breach of the contract.

LIQUIDITY — Holdings in or the ability to convert assets to cash or its equivalent. The ease with which a person is able to pay maturing obligations.

LIS PENDENS — A notice filed or recorded for the purpose of warning all persons that the title or right to the possession of certain real property is in litigation; literally “suit pending;” usually recorded so as to give constructive notice of pending litigation.

LISTING — An employment contract between principal and agent authorizing the agent to perform services for the principal involving the latter’s property; listing contracts are entered into for the purpose of securing persons to buy, lease, or rent property. Employment of an agent by a prospective purchaser or lessee to locate property for purchase or lease may be considered a listing.

LIVERY OF SEISIN (SEIZIN) — The appropriate ceremony at common law for transferring the possession of lands by a grantor to a grantee.

LOAN ADMINISTRATION — Also called loan servicing Mortgage bankers not only originate loans, but also “service” them from origination to maturity of the loan through handling of loan payments, delinquencies, impounds, payoffs and releases.

LOAN APPLICATION — The loan application is a source of information on which the lender bases a decision to make the loan; defines the terms of the loan contract, gives the name of the borrower, place of employment, salary, bank accounts, and credit references, and describes the real estate that is to be mortgaged. It also stipulates the amount of loan being applied for and repayment terms.

LOAN CLOSING — When all conditions have been met, the loan officer authorizes the recording of the trust deed or mortgage. The disbursal procedure of funds is similar to the closing of a real estate sales escrow. The borrower can expect to receive less than the amount of the loan, as title, recording, service, and other fees may be withheld, or can expect to deposit the cost of these items into the loan escrow. This process is sometimes called “funding” the loan.

LOAN COMMITMENT — Lender’s contractual commitment to make a loan based on the appraisal and underwriting.

LOAN-TO-VALUE RATIO— The percentage of a property’s value that a lender can or may loan to a borrower. For example, if the ratio is 80% this means that a lender may loan 80% of the property’s appraised value to a borrower.

MAI — Member of the Appraisal Institute. Designates a person who is a member of the American Institute of Real Estate Appraisers.

MARGIN OF SECURITY — The difference between the amount of the mortgage loan (s) and the appraised value of the property.

MARGINAL LAND — Land which barely pays the cost of working or using.

MARKET DATA APPROACH — One of the three methods in the appraisal process. A means of comparing similar type properties, which have recently sold, to the subject property. Commonly used in comparing residential properties.

MARKET PRICE — The price paid regardless of pressures, motives or intelligence.

MARKET VALUE — The highest price in terms of money which a property will bring in a competitive and open market and under all conditions required for a fair sale, i.e., the buyer and seller acting prudently, knowledgeably and neither affected by undue pressures.

MARKETABLE TITLE — Title which a reasonable purchaser, informed as to the facts and their legal importance and acting with reasonable care, would be willing and ought to accept.

MATERIAL FACT — A fact is material if it is one which the agent should realize would be likely to affect the judgment of the principal in giving his or her consent to the agent to enter into the particular transaction on the specified terms.

MECHANIC’S LIEN — A lien created by statute which exists against real property in favor of persons who have performed work or furnished materials for the improvement of the real property.

MERIDIANS — Imaginary north-south lines which intersect base lines to form a starting point for the measurement of land.

MESNE PROFITS — Profit from land use accruing between two periods as for example moneys owed to the owner of land by a person who has illegally occupied the land after the owner takes title, but before taking possession.

METES AND BOUNDS — A term used in describing the boundary lines of land, setting forth all the boundary lines together with their terminal points and angles. Metes (length or measurements) and Bounds (boundaries) description is often used when a great deal of accuracy is required.

MILE — 5,280 feet.

MINOR — A person under 18 years of age.

MISPLACED IMPROVEMENTS — Improvements on land which do not conform to the most profitable use of the site.

MISREPRESENTATION — A false or misleading statement or assertion.

MOBILEHOME — As defined in Business and Professions Code Section 10131.6(c), “mobile home” means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. “Mobile home” does not include a recreational vehicle, as defined in Section 18010.5 of the Health and Safety Code, a commercial coach, as defined in Section 18012 of the Health and Safety Code, or factory-built housing, as defined in Section 19971 of the Health and Safety Code.

MODULAR — A system for the construction of dwellings and other improvements to real property through the on-site assembly of component parts (modules) that have been mass produced away from the building site.

MOLDINGS — Usually patterned strips used to provide ornamental variation of outline or contour, such as cornices, bases, window and door jambs.

MONETARY CONTROLS — Federal Reserve tools for regulating the availability of money and credit to influence the level of economic activity, such as adjusting discount rates, reserve requirements, etc.

MONUMENT — A fixed object and point established by surveyors to establish land locations.

MORATORIUM — The temporary suspension, usually by statute, of the enforcement of liability of debt. Temporary suspension of development or utilities connections imposed by local government.

MORTGAGE — An instrument recognized by law by which property is hypothecated to secure the payment of a debt or obligation; a procedure for foreclosure in event of default is established by statute.

MORTGAGE BANKER — A person whose principal business is the originating, financing, closing, selling and servicing of loans secured by real property for institutional lenders on a contractual basis.

MORTGAGE CONTRACTS WITH WARRANTS — Warrants make the mortgage more attractive to the lender by providing both the greater security that goes with a mortgage, and the opportunity of a greater return through the right to buy either stock in the borrower’s company or a portion of the income property itself.

MORTGAGE GUARANTY INSURANCE — Insurance against financial loss available to mortgage lenders from private mortgage insurance companies (PMICs).

MORTGAGE INVESTMENT COMPANY — A company or group of private investors that buys mortgages for investment purposes.

MORTGAGE LOAN DISCLOSURE STATEMENT — The statement on a form approved by the Real Estate Commissioner which is required by law to be furnished by a mortgage loan broker to the prospective borrower of loans of a statutorily-prescribed amount before the borrower becomes obligated to complete the loan.

MORTGAGEE — One to whom a mortgagor gives a mortgage to secure a loan or performance of an obligation; a lender or creditor. (See definition of secured party.)

MORTGAGOR — One who gives a mortgage on his or her property to secure a loan or assure performance of an obligation; a borrower.

MULTIPLE LISTING — A listing, usually an exclusive right to sell, taken by a member of an organization composed of real estate brokers, with the provisions that all members will have the opportunity to find an interested buyer; a cooperative listing insuring owner property will receive a wider market exposure.

MULTIPLE LISTING SERVICE — An association of real estate agents providing for a pooling of listings and the sharing of commissions on a specified basis.

MUTUAL SAVINGS BANKS — Financial institutions owned by depositors each of whom has rights to net earnings of the bank in proportion to his or her deposits.

MUTUAL WATER COMPANY — A water company organized by or for water users in a given district with the object of securing an ample water supply at a reasonable rate; stock is issued to users.

NARRATIVE APPRAISAL — A summary of all factual materials, techniques and appraisal methods used by the appraiser in setting forth his or her value conclusion.

NEGATIVE AMORTIZATION — Occurs when monthly installment payments are insufficient to pay the interest accruing on the principal balance, so that the unpaid interest must be added to the principal due.

NEGOTIABLE — Capable of being negotiated, assignable or transferable in the ordinary course of business.

NET INCOME — The money remaining after expenses are deducted from income; the profit.

NET LEASE — A lease requiring a lessee to pay charges against the property such as taxes, insurance and maintenance costs in addition to rental payments.

NET LISTING — A listing which provides that the agent may retain as compensation for agent’s services all sums received over and above a net price to the owner.

NOMINAL INTEREST RATES — The percentage of interest that is stated in loan documents.

NOTARY PUBLIC — An appointed officer with authority to take the acknowledgment of persons executing documents, sign the certificate, and affix official seal.

NOTE — A signed written instrument acknowledging a debt and promising payment, according to the specified terms and conditions. A promissory note.

NOTE RATE — This rate determines the amount of interest charged on an annual basis to the borrower. Also called the “accrual rate”, “contract rate” or “coupon rate.”

NOTICE — (l) Actual Notice - Express or implied knowledge of a fact. (2) Constructive notice - A fact, imputed to a person by law, which should have been discovered because of the person’s actual notice of circumstances and the inquiry that a prudent person would have been expected to make. (3) Legal Notice—Information required to be given by law.

NOTICE OF NONRESPONSIBILITY — A notice provided by law designed to relieve property owner from responsibility for the cost of unauthorized work done on the property or materials furnished therefor; notice must be verified, recorded and posted.

NOTICE TO QUIT — A notice to a tenant to vacate rented property.

NOVATION — The substitution or exchange of a new obligation or contract for an old one by the mutual agreement of the parties.

NULL AND VOID — Of no legal validity or effect.

OBSOLESCENCE — Loss in value due to reduced desirability and usefulness of a structure because its design and construction become obsolete; loss because of becoming old-fashioned and not in keeping with modern needs, with consequent loss of income. May be functional or economic.

OFFER TO PURCHASE — The proposal made to an owner of property by a potential buyer to purchase the property under stated terms.

OFFSET STATEMENT — Statement by owner of property or owner of lien against property setting forth the present status of liens against said property.

OPEN HOUSING LAW — Congress passed a law in April 1968 which prohibits discrimination in the sale of real estate because of race, color, or religion of buyers.

OPEN LISTING — An authorization given by a property owner to a real estate agent wherein said agent is given the nonexclusive right to secure a purchaser; open listings may be given to any number of agents without liability to compensate any except the one who first secures a buyer ready, willing and able to meet the terms of the listing, or secures the acceptance by the seller of a satisfactory offer.

OPEN-END MORTGAGE — A mortgage containing a clause which permits the mortgagor to borrow additional money after the loan has been reduced without rewriting the mortgage.

OPINION OF TITLE — An attorney’s written evaluation of the condition of the title to a parcel of land after examination of the abstract of title.

OPTION — A right given for a consideration to purchase or lease a property upon specified terms within a specified time, without obligating the party who receives the right to exercise the right.

ORAL CONTRACT — A verbal agreement; one which is not reduced to writing.

ORIENTATION — Placing a structure on its lot with regard to its exposure to the rays of the sun, prevailing winds, privacy from the street and protection from outside noises.

OSTENSIBLE AUTHORITY — That authority which a third person reasonably believes an agent possesses because of the acts or omissions of the principal.

OVERIMPROVEMENT — An improvement which is not the highest and best use for the site on which it is placed by reason of excess size or cost.

OWNERSHIP — The right of one or more persons to possess and use property to the exclusion of all others. A collection of rights to the use and enjoyment of property.

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